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accident action affirmed alleged appellant appellant's appellee approaching auto automobile Casualty circumstances City claim collision complaint contributory negligence counsel County crossing damages deceased defendant defendant's directed verdict District driver duty east entered error evidence exercise favor feet fendant front gence guest guest statute guilty of contributory held highway instruction intersection intestate issue judgment jury last clear chance liability lights Mass matter of law ment miles an hour miles per hour motion motor vehicle motorman operation opinion owner parties passenger pavement plaintiff proceeding proximate cause question railroad Railway rate of speed rear reason recover respondent result reversed riding road rule side statute stop street car supra Supreme Court sustained tank car taxicab testified testimony tiff tion tort track traffic train traveling trial court trial judge truck violation wilful witness writ of error